Candidate Agreement | Virtual Assistance Ltd
EMPLOYMENT AGENCY CANDIDATE TERMS AND CONDITIONS
Last Update May 2018
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Means Virtual Assistance Ltd a company registered in England under number 10394622 whose registered office is at Unit 4, Colebrooke industrial Estate, Tunbridge Wells, Kent TN2 3DG
means any person using the Services for the purposes of finding employment;
means any person, firm or company including any associates or subsidiaries to whom the Candidate may be introduced;
means the employment agency services provided by the Agency to the Candidate as set out in these Terms and Conditions.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.4 a Schedule is a schedule to these Terms and Conditions; and
1.2.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
1.2.6 a "Party" or the "Parties" refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
2. The Contract
2.1 Any and all business entered into by the Agency is subject to these Terms and Conditions and in the event of any conflict with any other Terms and Conditions, these terms shall prevail unless agreed otherwise in writing by a Director of the Agency.
2.2 The Candidate shall be deemed to have accepted and agreed to be bound by these Terms and Conditions upon either their submission of any information or data to the Agency; or their making an application to a Client, whichever occurs first.
2.3 The Agency may update these Terms and Conditions from time to time for legal or regulatory reasons. The Agency will make reasonable efforts to notify Clients and Candidates of any changes.
2.4 These Terms and Conditions supersede all previous terms of business.
3. The Services
3.1 The Candidate shall have the facility to browse vacancy advertisements and apply for any vacancies that it so chooses.
3.2 The Agency shall provide its services to the Candidate as an employment agency at no cost to the Candidate.
3.3 Whilst the Agency shall use its best and reasonable endeavours to inform the Candidate of any and all vacancies that meet the Candidate’s requirements, it does not warrant and provides no guarantee that any such vacancies will be available or that the Candidate shall be informed of available vacancies.
3.4 Whilst the Agency requires its Clients to ensure that all information provided to it is complete, accurate and up-to-date, the Agency does not provide any warranty or guarantee of any kind that the vacancy advertisements and other information made available to the Candidate are complete, accurate and up-to-date.
4. Vacancy Notifications
4.1 If the Candidate has chosen to receive email updates of vacancies that are relevant to them from the Agency, the provisions of this Clause 4 shall apply.
4.2 Emails shall be sent to the Candidate as per their preferences set through the candidate portal at www.virtualassistanceuk.com
5. Candidate Information
5.1 In order to use the Services, the Candidate shall be required to provide details which shall include, but not be limited to, those regarding their contact information, qualifications, training, experience, employment history and references. The Agency requires such details in order to match the Candidate with the appropriate Clients and vacancies.
5.2 The Candidate must ensure that all information submitted to the Agency is, to the best of their knowledge, true, accurate, complete and up-to-date.
5.3 In the event that the information submitted to the Agency becomes incorrect, inaccurate, incomplete or out-of-date, the Candidate must submit appropriately revised information to the Agency as soon as is reasonably possible.
5.4 Where any of the information submitted to the Agency contains details which may be used to identify a third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Agency prior to submitting the information.
6.1 When applying for a vacancy, the Candidate must ensure that they:
6.1.1 have read the complete details of the vacancy;
6.1.2 understand the requirements of the vacancy;
6.1.3 meet the requirements of the vacancy;
6.1.4 possess any requisite qualifications required by the vacancy; and
6.1.5 have obtained or applied for any relevant permits or authorisations.
6.2 When completing forms or any other application documents the Candidate shall ensure that the details included on the form are to the best of their knowledge, true, accurate, complete and up-to-date.
6.3 In the event that the information submitted to a Client becomes incorrect, inaccurate, incomplete or out-of-date, the Candidate must submit appropriately revised information to the Client as soon as is reasonably possible.
6.4 Where any of the information submitted to a Client contains details which may be used to identify a third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Client prior to submitting the information.
6.5 The Agency shall forward the Candidate’s details to Client’s for the purpose of the relevant vacancy only. In the event that the Candidate wishes to apply for multiple vacancies to the same Client, they must submit separate applications for each vacancy.
6.6 The Agency reserves the right and the discretion to decline to forward applications to its Clients if it considers them to be in breach of these Terms and Conditions.
7. How We Use Your Personal Data (Data Protection)
7.1 All personal information that the Agency may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the Candidate’s rights under the GDPR.
7.2 For complete details of the Agency’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Candidate’s rights and how to exercise them, and personal data sharing (where applicable), please refer to the Agency’s Privacy Notice available from https://www.virtualassistanceuk.com/privacy-policy.aspx
7.3 The Agency will collect certain Personal Data and other information from the Candidate which is required for the provision of the Services. Such Personal Data is collected, held and processed by the Agency for the following purposes:
7.3.1 Providing information regarding vacancies and other relevant information to the Candidate;
7.3.2 Matching relevant Candidates and vacancies;
7.1.3 Monitoring and improving its services
7.1.4 To provide the client with relevant personal data in order for them to add candidates to the payroll and to email/post contracts upon an offer of employment
7.2 The Agency is a data controller and as such is registered with the Information Commissioner’s Office ref: ZA222504
7.3 Subject to sub-Clause 7.4, the Agency shall not share any Personal Data with any third parties without the consent of the Candidate.
7.4 The Agency may share Personal Data with the following parties without the prior consent of the Candidate:
7.4.1 Another business which merges with or acquires the Agency;
7.4.2 Regulatory bodies or law enforcement authorities; and
7.4.3 Any professional advisors, contractors or sub-contractors that the Agency may appoint from time to time.
7.5 Any third parties in receipt of Personal Data under sub-Clause 7.4 shall be subject to the provisions of the new Data protection (GDPR)
7.6 The Agency makes no warranty or representation that any Client or Employer will keep confidential any of the Candidate’s information or data provided to that Client or Employer.
7.7 Candidate information is kept until the candidate expresses their details to be removed from the database, however Virtual Assistance will often remove unused data within 2 years upon receipt. After this period of time we will ask if you wish to remain registered with Virtual Assistance Ltd (renewal of consent) or have your records deleted. Data may also be deleted by Virtual Assistance Ltd at any time following a period of inactivity by the Data Subject (you will be notified prior to any such deletion)
7.8 Candidates can request what information is held at any time with the right to request their data to be deleted at any time (right to be forgotten) by contacting email@example.com ensuring the subject line says, “Data”. Within one month of your request, Virtual Assistance will erase all your personal data at no charge to you.
Under this agreement, Virtual Assistance Ltd also agrees to notify you of any data breach and will keep you informed of any changes to changes to the GDPR, services or policies.
Virtual Assistance Ltd uses Firefish Software for our cloud-based database services.
7.9 Control of processing; Once you are registered with Virtual Assistance Ltd you will be sent an email confirming your registration and you will be provided with a password. Please ensure when you log in for the first time you change your password.
You will then be able to log into your account at any time to ensure your profile is updated or if you need to edit or remove your information you are in complete control. The Firefish Software allows you to choose your preferences in terms of marketing, job alerts, SMS alerts and other preferences via your own personal log in. Virtual Assistance Ltd encourages all candidates to maintain their own data.
Any queries or requests in relation to the use of your Data or this GDPR Agreement should be made by email to firstname.lastname@example.org
8.1 The Agency shall not be liable for any of the following:
8.1.1 The loss of any data, CVs or other materials submitted by the Candidate;
8.1.2 Any errors or inaccuracies present in the information presented to Candidates including, but not limited to, vacancy advertisements;
8.1.3 The failure of the Candidate to secure employment with any of its Clients whether caused by the negligence of the Agency, its employees or agents, or any other cause;
8.1.4 Any loss or damage of any kind, howsoever caused arising out of the negligence, misconduct, dishonesty, breach of faith or breach of contract on the part of any Client; and
8.1.5 Any loss or damage of any kind, howsoever caused arising out of any material submitted to the Agency by the candidate.
8.2 If the Agency is in breach of these Terms and Conditions, we will only be responsible for any losses to the extent that they are a foreseeable consequence to both of us. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
8.3 Nothing in these Terms and Conditions shall exclude or otherwise restrict the Agency’s liability for death or personal injury arising out of its own negligence.
The Candidate shall indemnify the Agency against any costs, liability, damages, loss, claims or proceedings which may arise out of its use of the Services; its submission of any information set out in these Terms and Conditions or any other information; any applications it may submit to any Client; or any breach of any part of these Terms and Conditions.
10. Force Majeure
Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
11.1 All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Agency or by the Candidate.
11.2 Notices shall be deemed to have been duly given:
11.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
11.2.2 when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or
11.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
11.2.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid.
11.3 All notices under this Agreement shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
12. Relationship of Parties
Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership, the relationship of principal and agent, or of employer and employee between the Agency and the Candidate.
13. Third Parties
Nothing in these Terms and Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any party that is not a party to these Terms and Conditions.
In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
15.1 The Agency may modify these Terms and Conditions at any time. In the event that modifications are made, details of them will be published forthwith on the agency website:
15.2 If the Candidate does not agree to be bound by any modified terms and conditions the Agency may introduce, they should immediately cease using the Services upon publication of those terms and conditions.
16. Law and Jurisdiction
16.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
16.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.